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Vol 23 No 5 May/June 2018

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Medical Treatment and the Law: Issues of Consent - The Protection of the Vulnerable Children and Adults Lacking Capacity 2nd ed

ISBN13: 9781846619953
Previous Edition ISBN: 0853085501
Published: October 2014
Publisher: Family Law LexisNexis
Country of Publication: UK
Format: Hardback
Price: £68.99

In stock.

This new edition provides an introduction to the complex and rapidly developing area of medical treatment and the law in relation to the vulnerable, namely children and those adults who lack capacity.

It provides practical guidance and assistance as to the approach taken by the courts on all of the varying material issues raised in relation to medical treatment and the law, the thread of which throughout is the question of ‘consent’.

Care needs to be taken not to infringe the rights of that group of persons who, though vulnerable, are capable of making their own decisions. Many who suffer from mental illness are well able to make decisions about their medical treatment, and it is important not to make unjustified assumptions to the contrary.

The substance of the book is intended, accordingly, to be of assistance not only to the legal profession and judiciary but also to those working within the field of medicine or other areas concerned with the welfare and protection of the vulnerable, whether adults or children.

The text also includes analysis of The Supreme Court’s judgment in the cases of Tony Nicklinson, Paul Lamb and AM [2014] UKSC 38 which encompasses the issues concerning assisted suicide, mercy killing and voluntary euthanasia. The general principles set out in Part I are elucidated upon in more detail in the remaining Parts II, III and IV of the book.

Medical Law, Family Law
Part I: General Principles in Relation to Medical Treatment and the Law
Medical treatment and consent
The best interests of the patient test
The doctor and the courts
The Mental Capacity Act 2005
Part II: The Right to Life; The Right to Die
Adults: End of life care; whether to give life sustaining medical
Children: End of life care; whether to give life sustaining treatment
The Right to die
Part III: Jurisdiction and Procedure
Jurisdiction: Procedure in medical treatment cases concerning
incapacitated adults and children
Part IV: Other Specific Areas in Relation to Medical Treatment and the Law
Adult refusal of medical treatment: Non-consensual treatment
Medical treatment and the Mental Health Act 1983;
restriction on
deprivation of liberty under the Mental Capacity Act 2005;
the interface
between the MHA 1983 and the MCA 2005
Children: Consent or refusal of consent to medical treatment
Advance statements or living wills
Medical treatment other than for purely medical reasons, including the
law relating to sterilisation, organ donation, fertilisation and
embryology, surrogacy, abortion, scientific testing, gender recognition
and female genital mutilation